US Trustee

[deafbroke]

When you file chapter 7 are you automatically assigned a trustee AND a US Trustee?

I looked at Pacer and it has a us trustee listed and a trustee listed. Status us waiting on 341 meeting.


DB

[getouttadebt]

Typically the US Trustee is assigned first based on your district. Then, an interim Trustee is named -- this is your local Chapter 7 Trustee. For most normal cases, if the Chapter 7 Trustee administers the Chapter 7 brankruptcy estate and rules No Asset, then you will probably never see or hear from the US Trustee.

If you are significantly over the median income or something is not quite right with your petition, then that will draw the scrutiny of the US Trustee. Their job is to try and convert as many Chapter 7 cases to 13 as possible under the presumption of abuse language. If your case is pretty easy and an "open and shut case" then you probably have nothing to worry about. Once the local Chapter 7 Trustee holds the 341 and issues his report of No Distribution, then you are just waiting the 60 days.

If there are issues, you might receive the 10-day letter issuing a Statement of Presumed Abuse which then requires the US Trustee to file a motion within 30 days of that date.

Hope this helps.

getouttadebt